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RESOLUTION NO. PC2006-107
ARESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 2004-04852, AND
AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO.PC2004-74
ADOPTED THEREW4TH -
(2916 WEST LINGOLN AVENUE)
WHEREAS, on July 26, 2004, the AnaheimPlanning Commission, by its Resolution No.
PC2004-74 approved Conditional Use Permit No. 2004-04852 to permit a nightclub at 2916 West Cincoln
Avenue for one year to expire on July26, 2005; and
WHEREAS, on August 8, 2005, the Anaheim Planning Commission, by its Resolution No.
PC2005-147, did reinstate and approve Conditional Use Permit No. 2204-04852 and did amend the
conditions of approval of Resolution No. PC2004-74 adopted in connection therewith; and
WHEREAS, said Resolution No. PC2004-74, as previously amended, includes the following
condition of approval:
"1. That the permit for the nightclub shall expire one (1) yearfrom the date of this
resolution on July 26, 2~06."
WHEREAS, this property is currently developed with a nightclub is zoned C-G; and the
Anaheim General Plan designates this property for Corridor Residential1and uses, and further that this '
property is located within the Merged Anaheim RedevelopmentArea; and
WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain
a previously approved nightclub pursuant to Code Section 18.68.160 of the Anaheim Municipal Code; and
has also requested that the serving of alcoholic beverages be permitted in the outdoor patio area; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 27, 2006, at 2:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures", to hear and consider evidence for and against said proposed amendment and to investigate-
and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed reinstatement of this permit by the modification or deletion of a
condition of approval pertaining to a time limitation to retain a previously-approved nightclub is properly one
for which a conditional use permit is authorized under authority of Code Section No. 18.08.030.040.0402 -
(Bar/Nightclub) and Section 18.68.180 (Reinstatement of a time-limited permit) of the Anaheim Municipal
Code.
2. That the proposal, as amended and conditioned will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located with the exception of the serving of
alcoholic beverages within the outdoor patio area which has been denied because of the patio's close
proximity to the apartment building to the south and because alcohol consumption may cause disturbances
to these residents. In addition, Police Department inspections have confirmed that there is limited visibility
from the interior of the nightclub to the outdoor patio making it difficult to monitor the activities within the
patia
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3. That the criminal activity at this nightclub has decreased by:29 per cent from the last
reinstatement time period of June 2004 through July 2005 and the number of calis for service has reduced
from 24 to 17 demonstrating that #he' use has continually improved over time.
4. That the facts necessary to support each and every required showing for the original
approval of the entitlement exist; and that an inspection conducted by the Community Preservation Division
of the Planning Department revealed thaf the site is in compliance with all conditions of approval:
5. ' That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
6: That granting this reinstatement, under the conditions imposed, will not be detrimental to
the peace,' health and safety of the citizens of the City of Anaheim. :
7. That no one indicated their presence at said public hearing in opposition; and that no -
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUAUTY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities), as defined in the State EIR Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2004-04852 to
retain an existing nightclub at 2916 West Lincoln Avenue.
BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the
conditions of approval of Resolution No. 2004-74, pertaining to Conditional Use Permit No. 2004-04852, as
follows: ,
1. That the permitted event or activity shall not create sound levels, which violate any ordinance of the City
of Anaheim. (Section 4.16.100.010 Anaheim Municipal Code)
2. That between the hours of 8:00 p.m. and closing or at any' time the premises is providing
entertainment, the petitioner(s) shall provide 6-8 uniformed security personneL They shall maintain
order therein and prevent any activity which would interfere with the quiet enjoyment of their property
by nearby residents.
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That any and all security officers provided shall comply with all State and Local ordinances regulating
their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and
Profession Code. (Section 4.16.070 Anaheim Municipal Code)
4. That the operation of any business under this permit shall not be in violation of any provision of the
Anaheim Municipal Code, State or County ordinance. (Section 4.16.100.010 Anaheim Municipal Code)
5. That no dancing shall commence prior to nine (9) p.m. nor continue beyond two (2) a.m. of the same
evening (per their ABC license). (Section 4.16.060.040 Anaheim Municipal Code)
6. That the number of persons attending the event shall not exceed the maximum occupancy load as
determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a
conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform
Fire Code)
7. That the doors shall remain closed at all times that entertainment is permitted, except during times of
entry or exit, emergencies and deliveries. (Section 4.18.110 Anaheim Municipal Code)
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8. That the business shall not be operated in such a way as to be detrimental to the public health, safetyor
welfare. (Section 4:16.100.010 Anaheim Municipal Code)
9. Thaf all entertainers and employees sfiall be clothed in such a way as to not expose "specified
anatomical areas" as described in Section 7.16.060 of the Anaheim Municipal Code. :
10. That no one under the,age of 21 shall be allowed.
11. 'That the business shall not employ or permit any persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or
other profit-sharing plan, scheme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act) -
12. That the floor space provided for dancing shall be free of any furniture or partitions and maintained in a
smooth and safe condition. (Section 4.16.050.010 Anaheim Municipal Code)
13: That any violation of the application, or any attached conditions, shall be sufficient grounds to revoke the
permit. (Section 4.16.100.010 Anaheim'Municipal Code);
14. That no "happy hour" type of reduced price alcoholic beverage promotion shall be allowed at any
time.
15. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Jnterior
displays of alcoholic beverages or signs which are clearly visible to'the exterior shall constitute a
violation of this condition.
16. That the sale of alcoholic beverages for consumption off the premises is strictly prohibited.
17. "fhat applicant shall not share any profits, or pay any percentage or commission to a promoter or any
other person, based upon monies collected as a door charge, cover charge, or any other'form of `
admission charge, including minimum drink orders, or the sale of drinks.
18. That there shall be no requirement to purchase a minimum number of drinks.
19. That signs shall be posted at all exits of the premises of the prohibition of alcoholic beverages from
leaving the confines of the establishment.
20. That alcoholic beverages cannot be included in the price of admission.
21. That no person under the age of 21 shall sell or deliver alcoholic beverages.
22. That the licensee(s) shall not maintain or construct any type of enclosed room intended for use by .
patrons or customers for any purpose.
23. That prior to serving of alcoholic beverages within #he patio, the interior wall of the restaurant shall be
modified in compliance with building code to allow clear visibility into the patio while maintaining
sound attenuation, from the interior of the restaurant.
24. That the landscape planters shall be permanently maintained with live and healthy plant materials. '
25. 7hat any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
26. That the on-site landscaping and irrigation system shall be maintained in compliance with City
standards.
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27. That at all times when entertainment or dancing is permitted, security measures shall be provided to the
satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or
patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to
prevent disturbance to the neighborhood by excessiVe noise created by patrons entering or leaving the
premises.
, 28. That no alcoholic beverages shall be consumed on any property adjacent to the licensed premises
vnder the control'of the alcoholic beverage licensee.,
29. That all existing and proposed roof-mounted equipment shall be completely screened from view in all
directions by properly designed and maintained design elements of the building.
30. That the applicant may retain 2 arcade devices, which are presently on the premises with issuance of
the proper permits as required by the Anaheim Municipal Code.
31. That there shall be no live entertainment, amplified music or dancing permitted on thepremises at any
time without issuance of proper permits as required by the Anaheim Municipal Code.
32 ' That the parking lot serving the premises shall be equipped wi4h lighting of sufficient power to illuminate
and. make easily discernible the appearance and conduct of all persons on or about the parking lot.
Said lighting shall be directed, positioned and shielded in such a manner so as nofto unreasonably
illuminate the windows of nearby residences. Said informafion shall be specifically shown on plans
submitted for Police Department, Community Services Division approvaL
33. That there shall be no public telephones on the premisesJocated outside the building.
34. That signage shall be limited to existing and approved signs. That temporary signs and other
advertising devices shall not be permitted except when in connection with an approved Special Event
Permit.
35. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
36. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of discovery.
37. That four (4) foothigh address numbers shall be maintained on the flat area of the roof in a contrasting
color to the roof material provided the numbers shall not be visible from the street or adjacent
properties.
38. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division to comply with approved plans on file with said Department.
39. That the hours of operation shall be limited to 8 p.m. to 2:00 a.m., Wednesday through Sunday, as
stipulated by the petitioner.
40. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, as conditioned herein.
41. That the property owner shall pay the cost of Community Preservation Division and/or Police
Department inspections on an annual basis for the duration of this permit, or as deemed necessary
for the City's Community Preservation Division and/or Police Department to gain and/or maintain
compliance with State and local statues, ordinances, laws or regulations.
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42. That signs directing patrons to parking in the rear of the facility shall be maintained on the property at all
times.
43. That security cameras shall be maintained within the nightclub to ensure visibility for the security
company. '
44. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable`City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or reguirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with
each and all of the conditions hereinabove set forth.: Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the final
invoice. Failure to pay all charges shall result in delays in the issuance'of required permits or the :
revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 27, 2006. Said resolution is subject to the appealpr visions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to ea c ures and m replaced by a
City Council Resolution in the event of an appeaL
HAIRMAN, ANAHEIM PLA NING COMMISSION
ATTEST: .
i~Git~l~r+oz~- •
SENIOR SECRETARY, ANAHEIM PLANNING COMMISStON
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on November 27, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2 , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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